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4 New Job Opportunities
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[Official Guidance]
Text of IRS Notice 2024-53: Weighted Average Interest Rates, Yield Curves, and Segment Rates for June 2024 (PDF)
"This notice provides guidance on the corporate bond monthly yield curve, the corresponding spot segment rates ... and the 24-month average segment rates ... [as well as] the interest rate on
30-year Treasury securities ... as in effect for plan years beginning before 2008 and the 30-year Treasury weighted average rate[.]" MORE >>
Internal Revenue Service [IRS]
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[Official Guidance]
Draft of 2024 IRS Form 8880 and Instructions: Credit for Qualified Retirement Savings Contributions (PDF)
"Use Form 8880 to figure the amount, if any, of your retirement savings contributions credit (also known as the saver's credit). The maximum amount of the credit is $1,000 ($2,000 if married filing jointly)." MORE >>
Internal Revenue Service [IRS]
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[Guidance Overview]
Killing a 401(k) Plan's Safe Harbor Match Mid-Plan Year -- or Not
"Employers may have good reasons to suspend safe harbor contributions or terminate a safe harbor plan mid-year, but the Code and Treasury Regulations limit the circumstances under which this is permitted." MORE >>
Ferenczy Benefits Law Center
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[Guidance Overview]
Everything You Need to Know About Pro Rata Withdrawal Rules
"The IRS enforces pro rata rules when it comes to post-tax money in pre-tax sources. In addition to that, some plan sponsors have included in their plan documents their own specific rules for how Roth and traditional assets should be drawn down, which can be conflated with IRS
regulation." MORE >>
planadviser
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Second Circuit Holds Plan Arbitration/Class Action Waiver Provision Unenforceable
"The Second Circuit [concluded] that the Federal Arbitration Act ... does not require courts to enforce arbitration agreements to the extent they purport to prospectively waive substantive rights and remedies afforded by statute.... [T]he Second Circuit now stands with the
Third, Seventh and Tenth Circuits in holding unenforceable Plan arbitration provisions that prevent a participant from pursuing rights and remedies under ERISA Section 502(a)(2)." [Cedeno v. Sasson, No. 21-2891 (2d Cir. May 1, 2024)] MORE >>
Hodgson Russ LLP
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The Evolution of Insurance in the Age of PRT
"[P]rivate equity firms have increased their presence in the insurance industry -- especially in the annuity space -- to cash in on lucrative spread trades and get a piece of the rapidly growing pension risk transfer market. Now, regulators, lawmakers and some annuities
customers are wondering if insurers have taken on too much risk." MORE >>
Chief Investment Officer [CIO]
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CITs Continue to Dominate in DC Plans, But Limitations Remain
"While CITs are often overshadowed by their more well-known mutual fund counterparts ... CITs have gained market share and are overtaking mutual funds in 401(k)s. When considering the benefits of offering a CIT, as opposed to a mutual fund, 66% of respondents said they
consider lower cost and fees as the most significant benefit, and 18% cited the ability to negotiate fees." MORE >>
PLANSPONSOR; free registration may be required
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AI in the Real World: Hedge Funds' Use of Artificial Intelligence in Trading (PDF)
46 pages. "Hedge funds' use of artificial intelligence and machine learning (AI/ML) technologies to inform trading decisions, which has been a practice by many for decades, raises several concerns as this technology evolves, including inadequate disclosures to clients and the
potential for increased risks to market stability. Federal regulators have not clarified how existing frameworks apply to the use of these technologies and need to more fully consider potential gaps in existing and proposed regulations." MORE >>
Committee on Homeland Security and Governmental Affairs, U.S. Senate
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Public Pension Funding Index, June 2024
"Robust growth in public pension assets during May 2024 largely erased April's losses and increased the estimated funded status of the 100 largest U.S. public pension plans from 77.6% as of April 30, 2024, to 79.4% as of May 31, 2024" MORE >>
Milliman
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[Opinion]
Retroactive Liability for Plan Forfeitures Violates the Constitutional Principle Against Ex Post Facto Liability
"[T]he court held that each theory of the breach of fiduciary duty lawsuit was plausible because plan fiduciaries did not act in the best interests of plan participants by choosing to put forfeited plan contributions towards current participants'
accounts rather than defraying administrative expenses in the plan.... The decision is a complete misinterpretation of ERISA fiduciary liability law. But more importantly, it ignored current law espoused by the Treasury Department on plan forfeitures as if it didn't even exist." [Perez-Cruet v. Qualcomm Inc., No. 23-1890 (S.D. Calif. May 24, 2024)] MORE >>
Encore Fiduciary
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[Opinion]
ERIC Comment Letter to EBSA on Proposed Information Collection Request: Retirement Savings Lost and Found (PDF)
"ERIC urges the DOL to substantially narrow the information request to reflect statutory requirements and to work with the [IRS] to obtain data through less restrictive means.... [T]he Proposal unnecessarily complicates what was supposed to be a basic online database, raising
serious privacy and administration concerns." MORE >>
The ERISA Industry Committee [ERIC]
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Executive Compensation and Nonqualified Plans |
Morgan Stanley Prevails Against Brokers' Deferred Comp Claim at Arbitration
"A panel of three arbitrators denied a claim by eight ex-Morgan Stanley brokers who were seeking $1.7 million in damages and expenses over allegations that the wirehouse illegally withheld their deferred compensation when they left for another firm, according to an award finalized on [June 17]. Morgan Stanley's victory follows two earlier losses in similar cases and gives the wirehouse some relief as it defends against dozens of deferred compensation claims still pending in arbitration" MORE >>
AdvisorHub
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Employee Benefits Jobs
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Selected New Discussions |
Fiduciary Warranty: Has Any Service Provider Paid?
"Some service providers offer a 'fiduciary warranty' that a customer plan's menu of investment funds meets ERISA Section 404(c)'s broad-range condition and is prudently selected. This warranty sometimes is, or is described as, an indemnity. Has any holder of a
fiduciary warranty been sued or threatened? Has any service provider paid a loss or expense on its fiduciary warranty?"
BenefitsLink Message Boards
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Amendment Timing - Mid-Year vs. Next Plan Year
"Are there limitations on amending the plan mid-year? I know that there are, but my understanding is that the permissible amendments must increase benefit to participants (Ex: Introduction of mid-year safe harbor plans). Otherwise, the change must be made prior to start of the
plan year. The sponsor would like to allow after-tax contributions and change the PS allocation from SS integration to new comparability. I believe the after-tax could happen mid-year, but not the allocation method change. Would anyone know where I can find more detailed language on mid-year amendments?"
BenefitsLink Message Boards
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Press Releases |
WTW Appoints Rich Joseph as U.S. Head of Growth for Its Investments Business
WTW
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ERISA 50th Anniversary Symposium and Gala to Take Place in Washington D.C.
American Retirement Association [ARA]
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Ascensus Welcomes New Regional Vice President to National Sales Team
Ascensus
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DOL Obtains Judgment Ordering Service Provider, Its Owner to Restore More Than $4.4m in Fringe Benefits
Employee Benefits Security Administration [EBSA], U.S. Department of Labor
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Future Capital Unveils All-in-One Digital Solution Enabling Advisors to Directly Manage Workplace Retirement Plan Assets
Future Capital
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Webcasts and Conferences (Retirement Plans / Executive Compensation) |
Cybersecurity for Retirement Plans
June 26, 2024 WEBINAR
Retirement Learning Center
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Navigating the DOL's Final Fiduciary Rule: Your Questions Answered
June 27, 2024 WEBINAR
Broadridge
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Defined Benefit Plan Terminations: Independent Fiduciary and Annuity Contracts
July 10, 2024 WEBINAR
Morgan Lewis
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Mastering Retirement Income: In-Plan Solutions Built for Security and Growth
July 10, 2024 WEBINAR
Pensions & Investments
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Last Issue's Most Popular Items |
DOL and IRS Provide Coordinated Guidance on PLESAs
Morgan Lewis
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401(k) RFP Template: Evaluating 401(k) Plan Providers
ForUsAll
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Industry Advocates Defend the 401(k)
401(k) Specialist
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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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